The Bismarck Tribune Newspaper, December 15, 1916, Page 8

pemecsrntcennee cme aad nea e ’ ‘PRIDAY/ DEC. 15, 1916. z Each Saturday we will deliver to any part of the éity a box of assorted flowers of extra value for $1. These assortments are put.up especially For Your Sunday Table and are choice assortments of the best quality blooms freshly.cut at our large greenhouse. Each box of extra value—Each fresh and perfect. bloom This week the assortment consists of Roses, Snapdragons, Narcissus and Greens Bismarck Grown Flowers $1 “HOS Bismarck Grown Flowers ' chicken on the Durant farm,-Jeaned over his counsel's table late in the af- ternoon and closely examined the bul- let taken from.the base of his victim’s brain. a The bullet was produced by Dr. M. The Outbu DURANT FEELS rsts of Everett True By Condo. YOU» ARE W. Roan of Bismarck, one of the four vitn s called by the state, After al amination by Attorneys F. H. Register and S. EB. Ellsworth for the : e it was accepted and marked ibit C.” The character of the BULLET TAKEN ==) 1 Becievs. THE PROPRIETOR, wound as learned from the diagnosis FROM VT performed the morning of the tragedy was minutely explained by the physi- Introduced As Exhibit in Trial of Farmer for Shooting With Intent to Kill J. P, Spies cian to the jurors. He said the bullet had passed through the inner and out- er portion of the right ear, broke a par- ticular portion of the temporal bone of the head and lodged at the base of the brain. He stated that Dr. Fisher took an x-ray, that the operation was per- formed the same morning and “the for- eign substance extricated.” Objects to X-ray Photographs, It was during the direct examination of Dr. Roan that he produced two neg- atives of the X-ray taken which the state asked to be accepted as Exhibits “D” and “E” but objection was’ raised by Attorney Register for the défense junds that the plates “tend to Eth but what had’-already st SPIES TAKE STAND; TELLS OF SHOOTING Testifies That As He Turned His Head He Felt Sensation of Shot. in Head .. ’ Vijers—— That the Prairie cehtexen. J P. Sples dropped on. the Durant farm! on the morning, of the 7th was a jlo- mesticate bird, that he was appropri ating Durant’s property and that when the defendant shot he aimed at a tire on the auto, with the, purpose of stop- ping the machine in‘ order to get the number, were the highlights in the opening statement v7 ,,Attorney Reg- ister, for. the defense in the Durant case.shortly before, noon today. ‘At 11;30, o'clock, ‘States Berndt announced het the state rest- a The objection: was’ sus- tained, thé’ cotirt adding ‘also that: the plate weré‘delicate and’ apt:to be dam aged ff tidthandled properly in’ the courtroom. « vet hd Two More Objections Susttainéd. ‘When State's’ Attorney’' “Berndt sought ‘to draw out from ‘the witness that the character of the’ Wound’ was such as to produce death and to which the objection was sustained, and ‘again angling at this point, onl¥ asking if' in his-opinion it “was such as-to likely <|}cauge death” and having an objection ‘in sustained by ‘the court, the pros ecution déclared’ to the defense “take ed following, a ig, to the winess who then went under the stand. of the. state's chief witness, J.|cross-examination substantiating "in P. Spies. Attorney Register then |every Way, his testimony given'in the opened for the defense. W. Hough-| direct. ke ton, a carpenter, living near the Du-| T. R. Atkinson, city and county en- rant farm,, was the first witness for |gineer, was the first witness called by the defense. He testified that Durant|the prosecution but because of the had told Spies not'to shoot the chick-|many objections raised by the defense, en and not to pick it up after it was|the state's attorncy withdrew the wit- shot. It is very possible that the de-|ness. Atkinson had made blue-prints fense will complete its introduction |of the buildings, the roads and the ap- of testimony some time tomorrow. | proximate distances. About five more witnesses are to be| Spies Tells His Story of Shooting. & called, it was said this noon. J.P. Spies, second witness, declared {Started to return to Bismarck by the F. H. Durant, farmer, who went onjhe had been a resident of Bismarck |®#me eoute. trial in the district court of Burleigh {nine years and that he and Harry H. ‘We came to the fence on the east county late yesterday for assault with|Ludwig left for Rice Lake about 4 part of the land,” testified the. witness. a dangerous weapon with intent to|o'clock on the morning of the opening |“I was driving the machine and Lud- kill J. P. Spies, Bismarck traveling |of the hunting season which was the|wig was sitting beside me. I was a man, on the opening day of the season|seventh, that they passed Durant's/little west of the drive-way when the when the latter:-dropped a prairie jplace and after the morning shooting | chicken came flying toward us. The | bird was a little east of the house when I first saw it and was-about 100 feet east ‘of the dwelling when I fired. No, I.did not see it/fly up.” Warning Came too Late. ‘Did. you hear any. noise or did you hear any one say, “don't shoot that chicken’? doubly questioned Attorney ter fn the cross-examination. jot until after the shot.” ‘ “Where was Durant the first. time that you saw him that day “He was coming; out of the house with & gun in his hands.” “He told you not to take the chicken, did he riot?” y “No, not me. He was talking to Lud- wig, who had picked up the bird. I told Ludwig to bring it in as I had shot i jow didn’t it seem strange to you that a prairie chicken should be flying so close to the house and the farm “No! because another man was hunt- ing on the other side. That's why I slackened up my automobile to about six to seven miles an hour, thinking we would see some birds if he got any up.” Don’t risk disappointing someone who ex- pects and needs Corona. 2 Personal typing has become so much the vogue that a waiting list of 3,000 purchasers mui‘t be supplied before new orders are filled. Therefore, order your gift Corona now if . you wish it for Christmas. nc SRONA.. Combines every desirable gift quality, un- iqueness, durability, usefulness and beauty. It weighs only six pounds and costs fifty dol- lars including a handsome carrying case. A De Luxe case in imported tan cowhide or - genuine black seal lined with moire silk, Didn't See Durant Shoot. © Spies then related the events leading up to the shooting, stating that Durant came from the house with'gun in hands and told Ludwig to “drop it, drop it!” Ludwig got in the machine and stood the car open. Spies testified that Dur- ant was on the road but that he didn’t see him ‘shoot nor see him climb over the fence. “] was driving the machine. Ludwig. said to me, ‘he’s going to. shoot.” looked around. As I did 80 I receiv the bullet in.my right ear.” Here a member of the jury interposed with the remark: . |. C. OAVIES First National Bank Bldg, Bismarck Stops Machine and Gets Out. “when hit, I stopped the ‘machine and got out. Both of us did. Ludwig asked of me, ‘Joe, can’t you stand up?” that Durant was going down the road hever coming near us.” “Did you hear any one say, ‘don’ on the running board with the door of | “About the time you turned you were | - @ touch of luxury. shot?” j ee velers desiring. minim luggage “Yes, wh told he e ‘ have a two-story bag or Gindstone made by gun pointed on met put Gem “LIKL *> with special Coron eat. bh as Sane. ie of shoot that ¢hicken? Registey.. “[did not” “If you could identify ‘the, man as he came out of the house’ why did you ask the people farthér: down on the toad his name?” : Rey “Lhad forgotten his Rame.” ‘ou sald there were tio signs on in all my hinting I never || @ man’s:.land where there were signs. There were no Signs on the farm that 1 could see. Here Judge Nuessle, presiding at the trial, asked the witness: “Did, you get out of the car?” » tyes” ' “Did. Mr. Durant cothe up to where you were?” “No, he walked home.” Eye-Witness Tells of Shooting. Harry H. Ludwig, eye-witness to the shooting and riding in the ma- chine with Spies, stated that he has heen a resident of Bismarck for 10 years and that he is a traveling sales- man, that on the seventh day of Sep- tember, last, he left Bismarck early in ‘the morning with Spies, had been to Wild Rice for the morning shoot- ing: and were returning toward Bis- marck. “We were hunting as we made our way toward the city,” testified the witness in the direct examination, “and it was about 9:30 o’clock when we came tO the Durant place. I saw Durant coming from the house, going toward the road. The first I saw of the, chicken was when jt came flying! across the road in front of us about 10 to 15 feet high.” Spies Shot and Drepped Bird. Ludwig declared that Spies. declar- ed “it's mine,” that he shot and the bird dropped on the south’side about 15 feet from the road. “After ‘it dropped I got out,” testi- fied Ludwig, “and looked around for the chicken. By the time I got near the place where the chicken was, Durant came out of the yard. I look- ed up and saw him coming, but paid Bo attention until he got on the high- way and said ‘drop that chicken.’ “Spies. was about 15 feet. from me. and told me ‘to bring it in.’ Durant had:‘a gun—a firearm—and: was per- haps 250 feet from me when he spoke. I came along down'the road and jump- ed on the running board of the auto. Saw Durant Shoulder Gun. “I saw him put the gun to his shoul- der and | saw that he was going to shoot, so I said to Joe, ‘Look out!’ Spies Turns Around. Shot. “Spies turned around and as he \ turned he was shot. ‘Spies then stop-' you had heard about the chicken was ped the car and said, ‘Harry, I'm shot.’ | When the car stopped we were clear to the west side of the trees, remember by the tree line.” that chicken?’ asked: Register in the _| cross-examination. : were not paying any attention?” from the car,when you: got out and picke There were shocks in the field.” en, did he not?” * “And Spies told you ‘to fetch it?” firing at the wheel of the car or ‘at you or at Spies? I mean at what ob-; ject was ,Durant, pointing with the gun ae “I knew it was going to; hit some- thing if’ that. car,” . 4 car or What object he waepointing atv” R yout” en from a tame prairie chicken, when it®flew across the machine an Spies said ‘that’s mine?” i “Yes.” i Tame Prairie.Chicken, 4 At this juncture the witness was Liberettos for the operas now asked if he knew a wild prairie chick- | sale at Hoskins. I can en, “Did you hear any one say ‘drop “I did not.” “You didn’t hear a ‘sound? You “I was riding,along in the car.” “The .chicken’ was” about 20 feet it up—in the field?” “Yes, 20 feet south of the road. | Cigarette Cases and Smokers’ Sets: eooece o--. “He told you not to take the chick: “Yes,. sir.” | “Yes, sir.” “And Durant told you to drop it?” “Yes, sir.” Going to Hit Something. “You don’t know whether he was Every man or boy who smokes would ap- preciate either a cigarette case—Sterling or Plate—or a combination: smoking stand. Prices fio Appa | oy “Do iyou, know what part: of) the /; it was at one of us.” you remember my chicken?” “No, I do not.” SUP cee “You. aren't hard of hearing ‘are mn, sayin “No, sir.” low, then, the first conversation Make TI AD Electrical Christmas | What could be more appropriate at this:season ‘shen - ‘the high cost of living is. uppermost in everyone's thoughts, than a useful, practical gift A FEW SUGGESTIONS-- | ee Table Lamps, in different styles and colors, both in ornamental glass and silk shades Electric Toaster Stoves, both round and oblong Electric Toasters ' Percolators, tea and coffee Heating Pads and Hot Water Bottles. Electric Radiant Radiator Electric Shaving Mug Electric Nursing Bottle, just the thing for Baby Electric Sewing Machine and Sewing Machine * Motors Electric Vacuum Cleaner Flashlights, all styles and sizes ee Electric Stove, just the thing for your little girl Electric Irons : Northwest Public - Service Corporation 111 Third Street : ) Telephone 225 IS 2 Our Saturday Flower Special” which he replied that he had never heard of or seen a tame prairie chick: 1 to we yy Aw - aos